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Best Copy Available 2 General Assembly - Seventh Session - Annexes .Y DOCUMENT A/2174 Document symbol: AI2174 . Best copy available 2 General Assembly - Seventh Session - Annexes .y DOCUMENT A/2174 Report of the Special Committee for the consideration of the methods and procedures of the General Assembly for dealing with legal- and drafting questions [Original text: English] [8 Sefitelmber 19521 I. INTR~DUCTI~N Iran: Mr. Djalal Abdoh (representative) and Mr.’ Fereydoun Adamiyat (alternate) 1. On 20 December 1951, the General Assembly IsracE: Mr. Gideon Rafael (representative) adopted resolution 597 (VI), which provides as follows : SwecEen: Mr. Oscar Thorsing (representative) and “The General Assembly, Baron Gtiran von Otter (alterntate) “Co&dering that various ideas were expressed Union of Soviet Socialist Republics: Mr. Georgi F.?, during the debate on the methods and procedures for Saksin (representative) dealing with legal and drafting questions, and in the United Kingdow of Great Britain and Nor,them Ire-’ draft resolutions and amendments submitted to the Eand: Mr. F. A. Vallat (representative) Sixth Committee concerning the scope of the prob- lems, the methods for their solution and the nature United States of America: Mr. James N. Hyde (repre- af these methods, all of which testify to the com- sentative) and Mr. Charles D. Cook (alternate) plexity of the problems raised, Yetieztiela: Mr. Victor M. PCrez Perozo (representa:. “Believing that in the circumstances further study tive) of all the problems involved is necessary, 3. The following officers were elected unanimously: Mr. Abdoh (Iran), Chairman ; Mr. PCrez Perozo (Ve- “1. Establishes a special committee of fifteen mem- nezuela), Vice-Chairman ; and Mr. CrCpault (Canada), bers consisting of one representative of each of the following Member States : Belgium, Canada, Chile, Rapporteur. Czechoslovakia, Egypt, El Salvador, France, Indo- 4. The documents, draft resolutions and amendments’ nesia, Iran, Israel, Sweden!, the Union of Soviet submitted to the Sixth Committee, its report to tht Socialist Republics, the United Kingdom of Great General Assembly and the records of its debates were Britain and Northern Ireland, the United States of made available to the Special Committee. The SpeciaY America and Venezuela, to meet at the Headquarters Committee also had before it memoranda prepared bq~ of the United Nations ; the Secretary-General, as requested by paragraph 3 011 resolution 597 (VI), on the work of the Sixth Col&~ “2. Requests the Special Committee to consider mittee (A/AC.60/L.Z), on proposals by Committee1 the documents, draft resolutions and amendments for requests for advisory opinions from the Inter submitted to the Sixth Committee, as well as the national Court of Justice (A/AC.60/L.3), on reference records of its debates, to study the question further of matters to the International Law Commission (A, and to report thereon to the General Assembly at its AC.60/L.4) and on proposals by Cornmitttees fo seventh session ; amendments to the rules of procedure of the General “3. Requests the Secretary-General to carry out Assembly (A/AC.6O/L.5). appropriate ,studies, to collaborate closely with the Special Committee and to submit to it, as he may II. AGENDA AND PLAN OF WORK consider appropriate, proposals for the handling of the problems dealt with in the present resolution.” 5. At its first meeting on 27 August 19.52, the Speciz 2. The Special Committee for the consideration of Committee adopted its agenda (A/AC.6O/L.l). It als the methods and procedures of the General Assembly adopted a plan of work (A/AC.60/L.6) for the discu: for dealing with legal and drafting questions held six sion of the various aspects of the problem referred t meetings from 27 August to 4 September 1952. The it by the General Assembly, Some delegations too’ members appointed by the General Assembly were the view that the plan of work in some respects wer represented as follows .during the Committee’s work : beyond the task assigned to the Special Committr by the General Assembly. A large majority of the Con BeZg&z: Mr. Joseph Nisot (representative) and Mr. mittee, however, thought that that was not the cas Georges Cassiers (alternate) and that the plan was a convenient division of tl Canada: Mr. A. Raymond CrCpault (representative) subject matter for the purpose of discussion. The pla of work was adopted by 12 votes to none, with CIzile: Mr. H,oracio Sujrez (representative) and Mrs. abstentions. The Special Committee’s discussions ark Margarita Gallo-Muller (alternate) decisi,ons on general principles and under the varial Czechoslovakia: Mr. Karel PetrieIka (representative) headings and sub-headings of the plan of work a:[ Egygt: Mr. Saleh Ma.hmoud (representative) described below. El Salvador: Mr. Miguel Raf,ael Urquia (representa- tive) and Mr. Rafael EguizLbal (alternate) III. GENERAL CONSIDERATIONS France: Mr, Pierre Ordonneau (representative) 6. From the outset of the ,discussions, all membe In&tie&a: Mr. Soeleiman Hoesin Tajibnapis (repre- of the Special Committee were agreed on the necessi sentative) of establishing for the work of the General Assemb -’ Agenda item 53 3 ;” “conditions under which justice and respect for the 10. Some delegations were concerned lest the Com- obligations arising from treaties and other sources of mittees of the General Assembly should be in some WW! international law can be maintained”, All laid emphasis degree subordinated to the Sixth Committee in dealing on the Prilnary importance of ,the Charter and the rule with those types of questions. They feared that the IgliJij of law in the work of the United Nations. Sixth Committee might be overburdened if it had to be 19j?i 7. The lnajority of the Special Committee thought consulted on all such matters. Others thought that d nr!P that, while existing methods and procedures for dealing the preparation of texts on those questions could best with legal and drafting questions had not yet led to any be performed by the Committee which was considering serious abuses, they were susceptible of improvement, the substance of the agenda item. and that such improvement would make it more certain 11. It was considered by other delegations that the :) “1 that there would be no ‘abuses in the future, It was Sixth Committee was primarily a group of representa- also noted that such changes as the General Assembly tives of governments, and that it was a mistake to try xgi i* might adopt in that field would be kept under review to use it as a body of legal experts. The advice of the r and the Assembly would be free to modify or repeal Sixth Committee or of legal sub-committees composed ran !,, them if they did not work out. Some delegations, how- of representatives to the General Assembly would not ever, took the view that the problem could not be solved necessarily be based on purely legal grounds. Agenda on a purely technical, procedural level. In their opinion, items which were proposed for the purpose of securing (rep& present procedures were adequate, and what was neces- an advisory opinion might well be initially assigned to k) sary was that certain Member States should abandon the Sixth ‘Committee, but there was no ‘advantage in ejenti policies wllich those delegations claimed had led in the consulting it 011 proposals for such requests and pro- p past to violations of ‘the Charter and of international posals to refer matters to the International Law Com- jaw. mission which were made in the course of discussions (3. There was general agreement that economy of in another Committee. the General Assembly’s time was a consideration of 12. On the other hand, it was argued that there paramount import,ance in recommending solutions to the would be no subordination of other Committees to the problem assigned to the Special Committee by the Sixth Committee if the latter only gave advice and did General Assembly. Any recommendations made by the not make a binding decision on the question referred Special Committee should not prolong the duration of to it. Consultation of the Sixth Committee on those the Assembly’s sessions, but should permit the Assembly types of questions would not overburden it, some dele- to use the time at its disposal more effectively. Many gations stated, since such questions did not arise very delegations expressed a desire to avoid excessive rigidity frequently and since the Sixth Committee had always in methods and procedures, as such rigidity might been able to complete its work before some other Com- prevent the General Assembly and its Main Committees mittees. from exercising a necessary discretion with regard to 13. Those delegations agreed that the Sixth Com- particu1ar cluestions. The view was also expressed that mittee was in a sense a political body, since it was ;firT(” ireater use should be made of the services of the legal composed of representatives of governments, but they res k;‘I and technical staff of the Secretariat to facilitate the believed that it was in a better position than any other work of the Assembly. i;Clld organ to advise the General Assembly on legal matters. 9. The members of the Special Committee also In accordance with the terms of the Charter, advisory shared a desire that the competence of the Main Com- opinions could be requested only on legal questions, mittees of the General Assembly should be respected. and it was important that the requests should be well ’ Some delegations thought that, for that reason, the drafted. The Sixth Committee was especially competent to give opinions as to the functions and workload of the sp&$ recommendations of the Special Committee should, in International Law Commission, since it reviewed the it aIs1 all cases be limited to the suggestion of methods which Commission’s reports.
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